it might be. i am not walk away from tha >> cain said he doesn't want to offend anybody, but how farill he take in comments to lure in conservatives to the gop, leery of mitt romney. a new poll shows how many republicans still might be willing to change their minds. dungeon keeper. a woman charged with chaining and keeping disabled people in the basement for years suspected in a dozen more cases all to get their disability checks. plus -- >> designated daughter. father caught on tape admitting he is drunk and his 9-year-old child is his designated driver. thanks for joining us. the "news nation" is following

this evening's high stakes gop debate in las vegas. eighth face off and herman cain is holding on to some front-runner status. a new poll shows him neck and neck with mitt romney. 67% in this poll might have a case of commitment phobia saying it is possible they will change their choice. meantime john huntsman has not changed his mind about boycotting. he is upset they will hold caucuses january 14th. more on that, but herman cain and his attempt to apologize and double down at the same time when pressed about the plan to be suggested to install an electrified border fence with a sign on the other side saying it will kill you, warning. the appearance in phoenix monday with staunch anti-immigration, cain was pushed to explain the comments he made in tennessee.

>> let me first say this is a joke and some people don't think it was a good joke and i apologize if it offended anyone. look, i think we are splitting hairs here. i don't apologize for using a combination of the fence that might be electrified. i am not walking away from that. i don't want to say anything about it. >> charles gonzalez of texas is the chair of the congressional hispanic caucus. thank you very much for joining me. >> thank you. >> some are saying that herman cain apologized, but fouls up very strongly and doubling down on the comment saying if somebody was offended, so be it. in the meantime, this is a possibility that he would look at. >> it's not about offending

people. it's about being irresponsible and irrational. let me get this straight. when he gave the speech in tennessee, he was serious. when they questioned him, he said it was a joke. today it's half joke and half serious. i guess he is becoming that which he condemned and that is the quintessential politician. i don't know how he gets out of this. he painted himself into a corner and makes no sense what he said. how do you apologize and explain yourself other than to say i shouldn't have said that. i was playing to the crowd and i made a mistake. this is my real policy position. >> how concerned are you that he is about the comments and he apologized and reiterated the same thing. when you look at the voters that he is attracting, these are the same people who turned on rick perwhen he talked about providing assistance to those in the state of texas, your home

and mine. in the country illegally and want to go to college or have an education. we saw rick perry's numbers go down and he was criticized. how hard is herman cain willing to work at clarifying the comments? >> i think he would like to see and be responsible and admit to the mistake regardless of consequences. if you are going to be a policy maker and a leader, don't go and propose policies that are not workable and simply inflame passion skpers and emotions and resides in a person's heart. it's time for people to start talking serious policy. herman cain was president of the national restaurant association which has formally endorsed comprehensive immigration reform as the answer. that's what we need to be discussing, not the irresponsible or irrational

statements of candidate cain pandering to which it will probably be the primary electorate. >> we appreciate your time and we will see what happens with what he had to say. thank you. i would like to bring in tony blankly who served as press secretary and speaker of the house. washington bureau chief for the comcast network, parent of msnbc and adviser. thank you very much for joining me. >> thanks for having me. >> absolutely. i will start with you and the comments by herman cain. you heard him. he partly apologize and doubled down. this is serious business we know. this debate is in nevada. we know that he may be pressed on 9-9-9. they have a nearly 15% unemployment rate in the state. herman cain needs to prove he is serious and where he stands on the issues. >> you are exactly right. he was at the bottom of the pack six weeks ago. today he is at the head of the

pack. he needs to convince the grass roots out there in the republican party that not only is he serious about running for the presidency up until now, she not really running for president, but selling his book. you are transitioning to someone who is serious and can go against president obama and represent the party and articulate his views much more in detail than the 9-9-9 plan. the heat will be on him tonight. >> they're tried to dismiss herman cain as the flavor of the month. mitt romney needs to take on cain today? >> what we will see tonight is probably the non-romney candidates taking on romney rather than cain. cain is very popular with the same voters that the other six candidates are seeking. i suspect that cain -- it is going to be up to him to show his seriousness, but more likely

to go after romney because there is criticism on talk radio shows that they have not been going after romney who is considered the moderate. >> he came out on top by all accounts in all of the debates. you have the impulse, 67% of republicans say they are willing to change their minds. we are in the eighth debate after this tonight. >> you didn't need a poll to know that. this has been an amazing season so far. romney is flat out and remaining 75% bouncing all over the place. >> robert, what do you make of the number? 67% have not made their mind up. i know people like to say we have so much time, but with the calendar moving that has huntsman upset that nevada wants to or has moved up on the calendar, we will be starting next week. >> very much so. probably right before halloween. the question is who will dress up as whom.

the grass roots people are not particularly happy with the field. saw them bring in chris christie and jeb bush and mitch daniels. they are not happy with the front-runner, i emit romney. they tried to bring them in. to your point and poll, a lot of folks are simply unhappy in the republican party. >> snl had this joke with the men you formally worked with, newt gingrich and another playing michele bachmann that they are so far behind, they are in the closet behind where they are debating. michele bachmann having this telephone town hall with donald trump. when you look at gingrich and bachman, are they out? >> i don't think so. >> you really think it's open even with the amount of money or lack there of that they raised? >> at this point as the poll

indicated, it's open. the cal enj is to be number three and then number two against romney. all the other candidates have until december or january to rise from the second tier up to the top or the bottom of the first tier. >> let me go back to the herman cain and his immigration comments. obviously he appeals to the more conservative members of the party. does he have incentive to clarify this? we saw rick perwhen he was taken on about his history of immigration in the state and what he referred to as having a heart on the issue. what incentive does herman cain have to back down? >> the immigration issue -- the republican party cuts both ways. you want to be inclusive and diverse in your thinking in term terms of bringing people in, but the rank and file republicans do

not want illegals coming into the country. you sa this when president bush tried to do this. we saw this with rick perry. it's a divicive issue within the republican party. no candidate has yet to speak the language except for jeb bush. >> i would say it's not divicive in the republican party, but in a general election. i think is in a com foerltabfor place. that makes sense. >> thank you very much for your time. a pleasure having both of you on. developing right now, occupied boston is ralliying outside where fed chairman ben bernanke is speaking across from the federal reserve. he is talking about the effect of the great recession. we are getting in new reaction from the president on the occupy wall street movement saying protests are not that different from the tea party. in an interview that airs on

night line, the president said people on both the left and -- [inaudible]

no longer have a democracy. it's hijacked and the financial influence in washington and state and local governments is just horrendous. what we made different on solutions, but we all know there is a problem with what's going on in our government. >> jason with occupy boston, we will keep an eye on the event happening in boston as ben bernanke is speaking and the folks outside are protesting. coming up -- the supreme court said it will hear a dispute over a federal law that says it is a crime. chilling new details about a woman accused of locking four mentally disabled people in her basement while she collected the

their social security check and may have preyed on dozens more victims. plus -- >> a dad admits his designated driver is not a friend, but his 9-year-old daughter. details on this story and how it was caught on tape, ahead. i wish you guys had layaway -- well... 'cause i could pay a little at a time... but actually we do -- and my kids would be like, "awesome, mom!" oh! i did not see that. [ male announcer ] layaway's back for christmas in our toys, electronics, and jewelry departments. i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol

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does the first a mendment protect the right to lie about military honors. they agreed to take up the case of the stolen valor act that makes it a crime for anyone to have lied about serving military awards. an appeals court said it's unconstitutional arguing the government cannot act as the

truth police. the government has to protect the integrity of the military honors system. joining me now is talk show host michael smirconish. the stolen valor act passed and the first amendment expressed concern that is the government was targeting speech because it is i lie. for that reason the judge said this is a first amendment issue. what do you say? >> the argument may win in front of the supreme court, but i don't agree. the judge in the ninth circuit opinion said take a look at a website like match.com. people are there lying all the time about their height, weight, relative appearance. do we want to go down the slope of saying that's criminal conduct in the minority view? we are only talking about a subset of folks lying about military service and that should not be protected speech. the reason that i say what you

referenced will probably carry the day. this is a supreme court of the united states that said there is a first amendment right to show up at the military funerals if you are baptist and have the ugly signs. if they were willing to say that's protected speech, my hunch is they will say this is protected. >> for started with the one case. alvarez was a member of the waterboard in california. he said he was wounded as a marine and received a medal of honor, the military's highest award. that was not the case. he never even served in the military. there about 40 other cases pending. who knew they lied about this kind of thing. it is striking that this would be a free speech issue. this is a false claim. i thought when you fill out an application you sign and say everything on this document is true. >> right. that may be a different set of

circumstances if under oath and subject to penalties of perjury, you were to make such a statement. i think you would still be prosecuted independent of stolen valor. interestingly i spoke to a man who said since the take down of bin laden, we have all sorts of guys trolling around and saying they are navy s.e.a.l. when is they never stepped foot close. this brings out a lot of bad behavior. >> this is a hot topic. thanks for bringing it. >> coming up, first lady michelle obama shifts into campaign mode. the personable first lady will get more personable. more details about the disappearance of baby lisa. her mother claims she blacked out the night her child vanished. judge greg mathis will join us live. in today's money minute, how wall street is faring at this hour. uh, i'm in a timeout because apparently

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[ female announcer ] the travelocity guarantee. from the price to the room to the trip you'll never roam alone. welcome back to "news nation." disturbing details from philadelphia where a woman is under arrest for allegedly keeping four people chained up in her basement, all to collect their social security checks. linda ann west on and two others made prey on as many as 50 people. the basement where west on kept the adults. the landlord found mattresses and blankets in a crawlspace that is too shallow for an adult to even stand in. police are in contact with investigators in other states like texas, florida, and virginia to see if there other victims. joining me is michelle. this is unbelievable. you have been in contact with police and they are trying to find family members of the people in the basement.

>> and actually i found out in the last 30 minutes that one of the victims in that small space, he had the mental capacity of a 10-year-old and has been reunited with his family. >> people are wondering how it could happen in the first place. how did they find the people? >> the landlord picked up the phone and he tipped them off on october 15th around 10:40 in the morning. investigators went out and made this horrifying discovery. you can see the images on your screen. a very small space. there was urine all over the place. one of the victims was chained to a radiator. >> one of the victims of missing from florida and found in philadelphia. they were from different places

and what have they learned as far as how she was able to get all the people in one location. she was charged with aggravated assault just to name a few. gregory thomas and 47 years old. possibly a homeless man, 50 years old. those are the three suspects that they are targeting. they have court appearances scheduled on october 20th. >> how long was she running this alleged scam or fraud operation? >> for a while. for many months. a lot of the checks and money is going to speak for itself. it's going to draw an elaborate trail. that's all they are going to be able to pin very specific money

she took from the people allegedly and to pin it on her and the other suspects. >> live for us on the case out of philadelphia. unimaginable. >> it is. have a good day. >> just ahead on "news nation" -- >> he got diarrhea and he is only told he can go to the bathroom three times a semester. >> okay. parents outraged over a bathroom break rule, if you will, in place at one school. some teachers limit the number of times a student can leave class and go to the potty. today's "news nation" gut check. someone steals a truck carrying president obama's teleprompter, podiums and other equipment to the visit to virginia. we have the latest details. new vicks nature fusion cold & flu. ♪

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family after getting more personal details. the president's reelection campaign. alarming admission. the mother of a missing 10-month-old said she blacked out the night her child disappeared. under fire. susan sarandon makes comments about the pope and some are demanding she apologize. freed israeli soldier is home with his family for the first time in more than five years. he was given a hero's welcome several hours ago in his hometown in northern israel. the 25-year-old had been held captive by hamas since june of 2006 and he was released in exchange for more than 1,000 palestinian prisoners. he was escorted by militants setting up the exchange. he looked thin and weary and even dazed after five years.

unimaginable captivity. officials said he shows signs of malnutrition. as part of the swap, israel released 477 prisoners who were reunited with families and they have celebrations throughout the territories. 550 more will be released in two months. normally based in egypt, but you are with us now in studio. thank you very much for joining us. let's talk about the exchange. not everyone is happy. they are celebrating the release of the prisoners and the young soldier. >> there have been legal challenge that is the government is releasing. israel is paying too high of a price for returning israeli soldiers back to israel in exchange for the 1027 palestinian prisoners. >> this reunion with the family is incredible to see.

five years. we were talking about his condition where as he looked a lot better than many expected. >> no doubt. it's over the past five years and little has been known about his whereabouts and where he was. there was the video that was released of him in captivity and he was at least alive and that was the proof of that led the negotiations to take place. he is at least being returned in good health. >> what are is the next concern? you have 500 more prisoners to be released in two months. >> this is very important day for palestinians. there more than 5,000 palestinians seen in the eyes as being held by israel. many of them they believe to be releasing the prisoners, at least 500 more with a positive step. the negotiations between the two sides have not brought about the release. the release of prisoners is a sensitive issue.

>> thank you so much. a great pleasure having you in studio with us. upping the ante in libya. hillary clinton announcing a new way for the country in a surprise visit to tripoli. earlier today, clinton met with leaders from the council and said the new aid will go to medical care for tracking down and destroying unaccounted stoke piles of weapons. the secretary praised the council when asked if they feared libya could fall into a civil war. >> they are focused on doing everything they can to end the fighting and declare the liberation to form a new government and to begin to pull the entire country together. parsec tear clinton said she brought up the lockerbie bombing to emphasize how the u.s. did not agree he should be released.

>> the mother of 10 month old lisa irwin is making a devastating admission. she may have blacked out from drinking the night her baby disappeared october 4th. she also appeared to be changing her story as to when she last saw lisa. bradley's new high profile attorney said she is not changing her story, but just a grieving mother. thank you so much for joining us, judge mathis. this case compelling for many reasons, but you have this mother changing her story or at least revealing more about her story after admitting she failed a lie detector test. >> first of all, we can't conclude by the traumatic interview that she gave that it is inconsistent that she is guilty of some crime. however getting drunk and blacking out with a baby in the back room could be considered incriminating. >> and leaving the home she

admits for hours. >> it's called gross negligence. involuntary and whatever the ultimate result we find the disposition of the child. the other thing i'm curious about is this mystery neighbor that she had the drink with. where is the neighbor? why doesn't the neighbor speak up and say i heard nothing and the baby was put away and she was fine when i left and she was sleeping off the wine. get the neighbor to corroborate the story. >> obviously people have difficulty looking at the parent. no one wants to believe a parent under any circumstances, but the reality of the world, you know better than anyone else. how much pressure do you believe investigators are putting on her to come up with a conclusion here and solid answers that are not change something. >> i'm sure they put a lot of pressure on her initially. we can't necessarily conclude that she is guilty of a crime involving her daughter.

if you question almost immediately after reporting the missing child, you are going to be nervous and concerned and traumatized. once again, later this latest revelation, she is not traumatized anymore in terms of being an immediate response to questioning. it's a question they brought up recently. >> the high profile attorney, do you think that's the best move? >> yes. it sounds like if you say you are drunk and you have a baby in the other room, that's gross negligence in my opinion. >> at the least you could be charged? >> absolutely. no question about it. >> thank you very much for joining us. we will see what happens next. in the meantime, the focus is on finding this baby. >> i hope they are successful. >> a michigan father's wild ride with his 9-year-old daughter tops the look around the nation. we should have had judge mathis talk about this one. 39-year-old shawn wimer is

facing charges after he had his daughter drive him to a gas station because he was too drunk to drive. they show the pair drive up to the gas station outside detroit. the girl climbs outside of the driver's side and he buys her a candy apple and brags about his daughter's driving abilities. the daughter asked the arresting officer. why did you stop me? i was driving good. the driver faces 16 years in jail. after selling assets, despite that, the bank is no longer the country's largest. they are figuring out more ways to help reduce expenses.

political report, the president's 2012 team is deploying the secret weapon which is not really a secret. the first lady served as a passionate campaigner for her husband's family values and commitment to the american public in 2008 and 2010. she has been on the circuit speaking to donors at 18 events since may 15th. that's a lot of work. julie mason and her article on michelle obama shifting to 2012 mode that we are talking about. thanks for joining us. >> hi, tamron. >> you quote a historian who said this first lady has been more personal as of late which is surprising because she talked so much about sasha and malia, her personal life struggles as a growing up in chicago. how can she get more personal than the stories we have heard. >> she does get personal and talks about herself. that's one of the great values she brings is the humanizing element. it's a traditional for the first

lady. we hear her talk about what it's like after hours when the president comes home after a long day of traveling and his worries and he talks to her about the people he met on the road and their worries for the future for their girls and it brings supporters inside the white house and into their thinking. a new level of intimacy for michelle obama. >> even though she has an incredible popularity with the numbers, there people who are aggressive when you look at the first lady and zero in on anything and everything she does with health issues to the shopping trip to target. >> for some people, she can't do anything right. you see that in the comments and i get direct comments from the readers. she is a bit of a polarizing figure and that's one risk when

we get to the general election with the core supporters. that's a risk for using the first lady so much. >> how far do they plan to push the envelope. this is a brilliant woman and self made and she can come out not in fighter mode, but more aggressive or more direct than they have seen her. might they see her more aggressive? >> they saw her more aggressive and she was less popular. she softened her image and doesn't like the partisan stuff. she will be talking more about family and issues like that. the risk for her is the more partisan she gets, the less popular she is. she is not as great of an asset. >> great to see you. susan sarandon under fire for making offensive comments about pope benedict xvi. details on what she said and the reaction. first, there is a lot going on and things we thought you should

know. rick santorum said he is being bullied. that's the reaction to the "saturday night live" skit looking uncomfortable in a gay bar. while he hasn't seen the sketch, he is not surprised. the left participates in bullying more than the right side. >> who stole a truck filled with equipment belonging to the white house? someone drove off with the vehicle and the president's teleprompter. the van was recover and it was unclear what the thieves left behind. the president is getting criticism from a leading republican and it is not for its policies. john mccain is not happy with the bus the white house chose for the president's jobs tour. >> i have never seen an uglier bus than the canadian one. he is traveling around on a canadian bus touting american jobs. i wish you guys had layaway --

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a healthy diet in pregnancy may be key to reducing the risk of serious birth defects. a new study looked at the overall diets of 10,000 women before and during pregnancy. those who ate the healthiest were least likely to give birth to a child with brain or spinal cord deformation. >> i'm martin bashir. at the top of the hour, viva las vegas. the gop debate in sin city, home to one of the worst illegal immigration problems in the country. nothing an electrified fence and alligators can't fence, right mr. cain? russell simmons joins us to talk occupy wall street as president obama compares the protesters there to the tea party.

teen sensationy is lynna gomez is dealing with a death threat and actress is suing amazon for $1 million. susan sarandon, another actress under fire for calling the pope a nazi. in for courtney has let today, good to see you. we will start withy is lynna gomez. >> first she has to deal with justin beieber and now a real life stalker. after conversations with god, he said he was ready to killy is lynna gomez. they are taking it seriously andy is lynna gomez is taking it very seriously. in a sworn statement, she said she is in extreme fear due to the harassing and threatening behavior towards me as well as his criminal history of stalking. not easy for anyone, but she is only 19.

>> he can't get within so many feet or yards. >> she is in protection. she is hoping to extend the restraining order. >> an actress is suing amazon. >> girls like us don't have to worry, but she signed up to a site and she applied for the imbp pro service and used the credit card to generate more work for herself. she is claiming she they used her credit card to obtain her real age. >> they're published her real age? >> they published it and she is suing amazon for $1 million because she said this caused severe damage to her work and ability to generate jobs. >> she said revealing her age? >> approximate are she said that in the over the hill category, it is nearly impossible to get

work. it gets better. she is claiming that she is too old to get young roles and too young looking to get old roles and she is stuck with no work. >> we should all be so luck to have the problems. >> now to susan sarandon. this is a big one. >> first hank williams jr. refers to the president as hitler and now pope benedict xvi as a nazi at the hamptons film festival. she was speaking with the actor and talking about dead man walking and sent it to the previous pope and not this nazi we have now. she didn't back down and repeated it. naturally she got in hot water and anti-defamation league want her to apologize. she hasn't done so yet and seems to be standing by it. of course this is back to pope benedict xvi who grew up in the

area and he said it was against his choice. people like that don't believe so. that's where we stand now. >> we will see if she has a follow-up comment. >> leave them alone, please. >> thank you very much. really appreciate it. logon to scoop.today.com. thanks again. up next, students are being told to hold it. they are facing late after class and the controversy. it is our gut check.

welcome back to"news nation." interesting tweets we received this hour. the father who is now charged with allowing his 9-year-old daughter to drive him around because he was too drunk to do so. maybe that drunk father thought his daughter was okay to drive nine miles home at nine miles

per hour. too much 9-9-9 going around. we will see tonight in nevada. you can join on twitter or find us@"news nation." a high school is limiting a number of times a class a child can go to the restroom. three per semester. the policy as you can imagine is creating an uproar. >> it's a joke to try to regulate their bathroom time. >> a new policy after evergreen park high school does not sit well with most parents. >> here can't even go to the restroom to relieve himself? that's crazy. >> students say administrators allow three bathroom breaks per semester. it caused a problem per one

fellow classmates. >> she had to go twice and the teacher gave her a big deal about it. it was something that was blown out of proportion. she gets escorted by security. >> they're let us go to the bathroom. >> another student said there was a good reason for the policy. some students ask to go to the bathroom to get out of class. >> too many kids going to the bathroom for no reason. >> they're need to set a time for them to go to the bathroom like you do in kindergarten or allow them to go. >> some say that the policy is not set in stone and said it's up to the teacher to let them use a bathroom more than three times and some want the policy eliminated. >> let them find out he has diarrhea does and told he can go to the bathroom three times a semester. >> in evergreen park, nbc 5 news. >> the school issued the a

statement saying evergreen park community high school does not have a policy regarding student use of the restroom. individual policies and procedures exist from leaving the classroom and we want to emphasize that students are permitted whenever necessary and our goal is to concentrate and this distracts from our educational process. what does your gut tell you? should students be limited to three visits during class per semester even if it's not necessarily a written statement? go to "news nation".msnbc.com. take a look at what the "news nation" said about a gut check about a principal banning halloween costumes and the celebration in her classrooms. she sites the atrocities of christopher columbus and the pilgri pilgrims.

96% of you said yes. 4% said no. i think i heard from the 4% of you on twitter that. does it for this edition of "news nation." you can catch us every weekday. my colleague martin bashir is up next. [ boy ] hey, i thought these were electric? uh, it is, yeah, it's a chevy volt. so what are you doing at a gas station? well it still takes gas to go farther. but you're not getting gas. true. not this time. uh, don't have to gas up very often. so you have to go to the bathroom? no. yes you do. thought these were electric? yes, it's a uh, a chevy volt. so what are you doing at a gas station? tle emotional hetlretl?tl aren't you getting a little industrial? okay, there's enough energy right here in america. yeah, over 100 years worth. okay, so you mean you just ignore the environment. actually, it's cleaner. and, it provides jobs. and it helps our economy. okay, i'm listening. [announcer] at conoco phillips we're helping power america's economy with cleaner affordable natural gas... more jobs, less emissions,

a good answer for everyone. so, by reducing the impact of production... and protecting our land and water... i might get a job once we graduate. people loved the food... begged for the chef's recipes. but, in a twist that made history, he gave it to them to-go. real italian seasoned meat and vine-ripened tomatoes. his food became famous. and soon, so did he. hello, i am chef boyardee. [ male announcer ] and his legacy of quality ingredients and no preservatives is still in every bowl. a real great chef. with real great food.

uh yeah, it's a chevy volt. so you're just here rubbing our nose in the fact that you don't have to buy gas? just plug in and go? that make you feel better? well i still pay about $1.50 a day in electricity... on average. you know he's just here to use the bathroom. customers only. no gas, no bathroom.

ok, i'll buy gas. [ father ] whoa, what are you doing? thought these were electric? good afternoon, it's tuesday, october 18th and here's what's happening. stay out. herman and his republican cronies crow about their plan to crack down on illegal immigrants. >> i want to build a fence on the border. >> illegal immigration is something i will stop as president. >> you have to secure the border. >> secure the border for real. >> the debate is in the stake with america's highest percentage of illegal workers. >> this is no laughing matter. the border fence. >> for might be electrified. i'm not walking away from that. >> viva las vegas. #